The Class Action Fairness Act set off a “jurisdictional ping-pong game” where plaintiffs sought to have the case heard in stat...
Judges and Judiciary, Administrative/Regulatory
Special Masters: The court’s (not so) secret weapon
Now is the time for the expanded use of special masters. Over the past two and half years, Covid-19 significantly disrupted ci...
U.S. Supreme Court, Technology, Civil Rights
If the Court follows Justice Thomas and narrowly reads Section 230 only to protect “distributors” from “publisher” liability, ...
Health Care & Hospital Law, Government
If you care about a woman’s dignity and reproductive autonomy, you must investigate whether the state to which you are traveli...
The Supreme Court turned its attention to intellectual property in a big way in 2022, taking up cases that could significantly...
Two recently-accepted cases suggest that the Court is focused on assessing the power dynamics in common contracts and that ...
For attachment orders in financial elder abuse cases, we should never be Royals. This case clarifies and reminds practi...
Reverse stock splits are commonly used to avoid delisting, though they are generally seen as a sign that a company is in troub...
It would be contradictorily disjunctive to permit cannabis use recreationally as a state, but still allow employers to discrim...
Technology, Intellectual Property
The court's Warhol Foundation decision will address human-generated art, but it's easy to see how its reasoning could a...
It’s notable that corporate legal teams are increasingly using commercial legal finance, as this reflects its continued normal...
The insertion of a confidentiality clause into a settlement agreement of a personal injury claim, or one for emotional distres...
U.S. Supreme Court, Civil Rights
Alabama is attempting to capitalize on the view that the Fourteenth Amendment’s Equal Protection Clause demands “colorblindnes...
So, just like social media posts and other forms of digital communication, text messages can be used in court as evidence and ...
For now, the Circuits are split on this issue, and we will have to wait and see if the Supreme Court will take the time to dra...
SCOTUS should strike down ICWA’s race-based burdens
Don’t start out with or use the phrase, “the evidence will show.” It’s weak.
In the vast majority of the insurance policies at issue in these cases, "direct physical loss of or damage to property" is a p...
Defendants should expect the number of medical malpractice cases filed to decrease in 2022 and increase in 2023 once AB-35 tak...
In the words of the California Supreme Court: “The malicious commencement of a civil proceeding is actionable because it harms...
U.S. Supreme Court, Native Americans
The conflict between the states, such as California, which support ICWA and those who challenge it, presents a stark contrast.
Government
When I became the head of the San Francisco Public Defender’s Office in 2019, as with many city agencies, the department opera...
Attorneys have an obligation to speak up and report when we know that there is unethical and improper conduct by our fellow at...
Labor/Employment
The most important part of a DEI plan is to do things differently than the organization has done in the past. That especially ...
U.S. Supreme Court, Intellectual Property, Entertainment & Sports
Justice Clarence Thomas' fanhood of Prince aside, the Warhol case will impact a multitude of industries - specifically ...
Entertainment & Sports, Contracts
His legal “loss” should be remembered every season.
For better or ill, we have an adversary system in our courts and so Judges deal with conflicts every day. And the public is wa...
Litigation & Arbitration
Until the Legislature amends the statute, employers must be vigilant and timely pay all arbitration invoices
Between 1982 and 2013, approximately 800 cases of high-school-level, sport-related deaths were documented in the United States.
Automatic replacement doesn’t make recalls any cheaper – elections officials still need to hold the recall special election. I...